Nigel Poole QC acted for the successful respondent in the Court of Appeal case of O’Connor v Pennine [2015] EWCA Civ 1244. handed down on 3 December. His client suffered disability due to femoral nerve damage caused during an operation to repair a fistula. Lord Justice Jackson, giving judgment, has provided guidance as to the principles to be applied when drawing inferences as to surgical negligence where, as is often the case, there is no direct evidence available. The case also confirms the post-Denton approach to late applications to adduce new evidence.

The full decision can be viewed here


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